On Friday December 9, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published Proposed Regulations that may dramatically change federal contractors’ and subcontractors’ obligations regarding disabled applicants and employees. Public comments on the proposed regulations are due by February 7, 2012.
Currently, certain federal contractors and subcontractors must maintain affirmative action and undertake outreach efforts to increase employment of disabled individuals, and allow disabled individuals to voluntarily identify themselves as disabled individuals after receiving a job offer.
The proposed regulations would add to these requirements and would create new obligations for federal contractors and subcontractors (“contractors”), such as:
- Requiring contractors to invite applicants to self-identify as individuals with disabilities before and after an offer of employment using language prescribed by the OFCCP;
- Requiring contractors to conduct annual employee surveys to give employees an opportunity to self-identify as an individual with a disability;
- Requiring contractors to list all employment opportunities with the closest Department of Labor One-Step Career Center, and to enter into agreements with three specified agencies to reach more disabled individuals with job opportunities;
- Requiring contractors with written affirmative action plans to conduct annual policy reviews that, in part, require the contractor to: (1) identify vacancies and training programs for which disabled individuals were considered, (2) provide written reasons for not selecting the disabled individual for the vacancies and training programs and a description of considered accommodations, and (3) describe the nature and type of accommodations made for disabled individuals who were selected for hire, promotion, or training programs;
- Requiring a numerical hiring goal for disabled individuals, which may, as presently proposed, be within the range of 4% to 10%; and
- Requiring certain contractors to develop and implement written procedures for processing requests for reasonable accommodation, and disclose them to all employees.
These proposed changes will dramatically increase contractors’ obligations regarding disabled individuals. Although it is possible that public comment will persuade the OFCCP to lessen the burden, drastic revisions to the proposed regulations is highly unlikely.
We will provide an update as soon as these regulations are finalized.